PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE
The XEOPlay web site is comprised of various web pages owned and/or controlled and operated by XEOPlay (collectively, the "Site").
I. LICENSE, MEMBER ACCOUNT, PASSWORD, AND SECURITY
XEOPlay grants you a limited license to access the Site and use the Services in accordance with these Terms and the instructions and guidelines posted on the Site. XEOPlay reserves the rights to terminate your license to use the Site and Services at any time and for any reason or in the future charge a fee for its use. If the Site, or any product or service offered through the Site requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You then will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify XEOPlay immediately of any unauthorized use of your account or any other breach of security. XEOPlay will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by XEOPlay or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.
II. PURCHASES / PAYMENTS
The shops ("Shops") on the Site provide you the opportunity to purchase various XEOPlay products and services. The price of any product or service purchased through the Site will be the price specified at the time of your purchase. Prices for all products and services exclude all applicable taxes and telecommunication charges, unless otherwise indicated. To the extent permissible by law, you agree to be responsible for any such applicable taxes and telecommunication charges.
III. BILLING INFORMATION
Your purchase of software or other content through the Site constitutes your acknowledgement that you are of legal age to form a binding contract, and if not of legal age that you have placed such order with the involvement of a parent or legal guardian, and that you are not a person barred from using or receiving the services available on the Site by any local, state, federal or international law.
You may use a credit card to pay for your subscription(s). When you provide credit card information to XEOPlay, you represent that you are the authorized user of the credit card that is used to pay the subscription or other fees. Each month that you use the Site, you agree and reaffirm that XEOPlay is authorized to charge your credit card for the subscription fee. You agree to promptly notify XEOPlay of any changes to your credit card account number, its expiration date and/or your billing address, and you agree to promptly notify XEOPlay if your credit card expires or is cancelled for any reason.
XEOPlay has the right at any time to change any fees associated with the Site, the content or the software. In the event of any fee changes by XEOPlay, XEOPlay will provide you with commercially reasonable notice of such change. You will have ten business days to accept any new fees. In the event that you fail to accept the new fees by written notice to XEOPlay, your subscription, plan or account, as applicable, may be immediately terminated.
XEOPlay reserves the right to collect applicable taxes and impose premium surcharges for certain features on the Site.
IV. REFUNDS POLICY
XEOPlay products can be selected as downloadable software from our online store. XEOPlay assumes no liability for purchaser error, trial versions, software purchased for the wrong telephone, device or platform, promotion codes or discounts not provided at the time of purchase or any purchased item 30 days after the purchase date for any reason ("Purchaser Errors"). XEOPlay shall not be liable for any errors on billing statements issued to you by your carrier.
You accept full responsibility for confirming that the phone or other device manufacturer, phone or other device model, and carrier are supported and that the phone or other device is compatible to the products or services purchased, downloaded or otherwise obtained by you through the Site. Although XEOPlay will make commercially reasonable efforts to help you obtain the proper software for your telephone, device or platform, XEOPlay shall not be liable or responsible for any Purchaser Errors. If you have other questions in connection with any product or service available through the Site, please contact the XEOPlay technical team at Support@XEOPlay.com . In no event shall XEOPlay be liable for any defects or other problems associated with downloads or purchases through the Site after a period of thirty (30) calendar days has expired from the date of such download or purchase, as applicable.
We accept ABSOLUTELY NO RETURNS on software downloads. Please read the system requirements very carefully before making any purchases.
V. RULES OF CONDUCT
Transmit or facilitate distribution of content that are harmful, abusive, racially or ethnically offensive, vulgar, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights, or in a reasonable person's view, objectionable.
Attempt to acquire a password, street address, credit card numbers, account information, or any other private information from a Member or any other user on the Sites.
Upload or distribute any software or content that you do not own or have permission to freely distribute.
Promote or encourage any illegal activity including hacking, cracking or distribution of counterfeit software.
Upload files that contain a virus or corrupted data.
Improperly use the in game support or complaint buttons or make false reports to XEOPlay staff members.
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
VI. ILLEGAL BEHAVIOUR
Illegal behaviour involving the use of the Site shall be grounds for the termination of a Member's account. XEOPlay shall fully cooperate with law enforcement officials on such matters and prosecute such offences to the full extent of the law.
You agree that you will be personally responsible for your use of the Site, and that you will indemnify, defend and hold harmless XEOPlay, and its respective affiliates, employees, officers, and directors from and against any and all claims, liability, losses, damages, costs and expenses (including reasonable attorneys' fees) incurred by XEOPlay in connection with your use or alleged use of the Site, including your conduct. XEOPlay reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with XEOPlay's defense of such claim.
VIII. THIRD PARTY SITES
Any dealings with third parties (including advertisers) included within the Site or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. XEOPlay shall not be responsible or liable for any part of any such dealings or promotions.
IX LIABILITY DISCLAIMER THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE SITES AND TO THE INFORMATION THEREIN. XEOPLAY AND ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITES AT ANY TIME.
XEOPLAY AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, CONTENT AND RELATED GRAPHICS CONTAINED WITHIN THE SITES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, CONTENT AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. XEOPLAY AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, COMMUNICATIONS, CONTENT AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT.
X. INTELLECTUAL PROPERTY
The Site, including, without limitation, all communication features, contain copyrighted material, trademarks and other proprietary information including, without limitation, text, software, photographs, video, graphics, music and sound, and the entire contents of the Site and each area contained therein are the property of XEOPlay and/or third-party content providers. XEOPlay owns a copyright in the selection, coordination, arrangement and enhancement of such content. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content contained on the Site (including, without limitation, content that XEOPlay enables you to download) without the express written permission of XEOPlay and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made. The downloading of copyrighted material from the Site is allowed by you only for your own use. You acknowledge that the XEOPlay and/or third-party content providers remain the owners of all materials posted on the Site, and that you do not acquire any of those ownership rights by downloading copyrighted materials.
XI. COPYRIGHT NOTICE
All content and software ("Software") (if any) that is made available to view and/or download in connection with the Site is owned by and is the copyrighted work of XEOPlay and/or its suppliers and is protected by copyright laws and international treaty provisions. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms.
XEOPlay, XEOPlay.com, and the logo XEOPlay are trademarks or registered trademarks of XEOPlay in the US and/or other countries. All other names of companies and products mentioned herein may be trademarks of their respective owners and are used with permission. Any such trademarks may be used publicly only with permission from XEOPlay or their respective owners. All rights not expressly granted herein are reserved.
XEOPlay is pleased to hear from its customers and welcomes their comments regarding XEOPlay's services and the Site. Unfortunately, however, company policy does not allow us to accept or consider creative ideas, suggestions or materials other than those it has specifically requested. We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by XEOPlay's professional staff might seem to others to be similar to their own creative work. Accordingly, we must, regretfully, ask that you do not send us any original creative materials such as game ideas or original artwork. While we do value your feedback on our services and products, we request that you be specific in your comments on those services and products, and not submit any creative ideas, suggestions or materials.
If at our request you send certain specific submissions (e.g., Communications, including, postings and creative submissions) or, despite our request that you not send us any other creative materials, you send us creative suggestions, ideas, notes, drawings, concepts or other information (collectively, the "Submissions"), the Submissions shall be deemed, and shall remain, the property of XEOPlay. None of the Submissions shall be subject to any obligation of confidence on the part of XEOPlay, and XEOPlay shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, XEOPlay shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature, in perpetuity, throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions. You waive any and all moral rights in any such Submissions as well as any claim to a right of credit or approval.
XII. GENERAL TERMS AND CONDITIONS